Irregular Migration

Alessia Di Pascale

Chapter 45 in Elgar Concise Encyclopedia of Migration and Asylum Law, 2025, pp 261-266 from Edward Elgar Publishing

Abstract: Irregular immigration is generally associated with a violation of the conditions of entry, stay, or residence in the receiving country, although there is no universally agreed definition. At global level some international conventions address specific relevant aspects, whereas it has given rise to a wide range of EU secondary legislation. In the absence of a shared legal framework, the status of the irregular migrant is mainly derived through reference to human rights instruments, not without resistance from states claiming their sovereignty. Criminal law enforcement towards irregular migrants is a controversial deterrent and containment tool and may lead to a compression of fundamental rights. Access to regularization procedures, although widely used in a variety of ways, remains a contentious issue and yet represents a major challenge as it may enable states to address the presence of irregular migrants and allow them to remove themselves from a situation of vulnerability.

Keywords: Irregular; Status; Human rights; Crime; Detention; Regularization (search for similar items in EconPapers)
Date: 2025
ISBN: 9781802204148
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